Open Carry in MI PFZ's vs Federal law ?

[jsxtreme]

Hello,

My name is Justin. Some of you might know me from over on the MI gun owners forum.


The question I have, is how is it that open carrying in PFZ's with a CPL legal, with the Gun free school zones act of 1990? It's this section that allows us to OC in school property with a CPL, correct?

if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990

[venator]

Yes, but a non-CPL holder can be within the 1000 ft zone as well because the state does a background check when you register a handgun.  A non CPL holder carrying a long gun may not be covered.

[CV67PAT]

Yes, but a non-CPL holder can be within the 1000 ft zone as well because the state does a background check when you register a handgun.  A non CPL holder carrying a long gun may not be covered.

Would a non-CPL holder carrying a shotgun on school property have to be aware that there is a law prohibiting it in order to be charge with a crime?

[DetroitBiker]

Hello,

My name is Justin. Some of you might know me from over on the MI gun owners forum.


The question I have, is how is it that open carrying in PFZ's with a CPL legal, with the Gun free school zones act of 1990? It's this section that allows us to OC in school property with a CPL, correct?

if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990

Hi justin,welcome to MOC
Its my understanding that the  Michigan  Concealed Pistol Permit is your license issued by the State verifing that the holder is qualified.
The Pistol free zones listed on the CPL  says the holder cannot carry concealed on those locations.
And the word CONCEALED is the magic word, the loop hole is that  it doesn`t mention anything about Open carry of a pistol.

 The long gun issue is different IMO, Because the CPL  is specificly for Handguns,or  firearms that fall under the handgun definition under michigan gun laws.

[TheQ]

Would a non-CPL holder carrying a shotgun on school property have to be aware that there is a law prohibiting it in order to be charge with a crime?

Ignorantia juris non excusat

[BTAvery]

Would a non-CPL holder carrying a shotgun on school property have to be aware that there is a law prohibiting it in order to be charge with a crime?

Ignorantia juris non excusat

+1 I had to click the link and another +1 for making it a link

[CV67PAT]

Would a non-CPL holder carrying a shotgun on school property have to be aware that there is a law prohibiting it in order to be charge with a crime?

Ignorantia juris non excusat

but venalator said it is for lil freak

[TheQ]

but venalator said it is for lil freak

Sigh -- read this.

[venator]

Would a non-CPL holder carrying a shotgun on school property have to be aware that there is a law prohibiting it in order to be charge with a crime?

Ignorantia juris non excusat

but venalator said it is for lil freak

Did I?  I mentioned the federal law which you are free to pursue.  Please don't put words in my mouth.

[CV67PAT]

Would a non-CPL holder carrying a shotgun on school property have to be aware that there is a law prohibiting it in order to be charge with a crime?

Ignorantia juris non excusat

but venalator said it is for lil freak

Did I?  I mentioned the federal law which you are free to pursue.  Please don't put words in my mouth.

It may have been a pistol brought the boA robbers down but think how much faster it could have ended with a long gun.  The people at the library is the same response that was given right before oc a was so accepted today.

The library incident was different, because someone decided to take a shotgun into a place where they scared the crap out of people, the police were called, insted of standing his ground and sticking up for what he believed  was so sure to be legal,He left with his tail between his legs. And the end result was a artical in the paper makeing him look like a nut job with a gun terrorizing the public.

Now, which senario sounds better to the Open Carry disscusion around the water coolers of the every day John Q Public

Lets not make statements based on a news paper article.  There is supposed to be a video of this event which may clarify things.  Based on what I have been told, no one was terrorized.  In fact one of the people there talked with Tyler and asked what he was carrying.  He was interested in a shotgun and went on line to find more info.

Only a security guard was on scene and if police arrived it was after Tyler left.  The security explained to the staff member that OC of a long gun was legal and said the preemption applied.  The staff member was the one that was adamant about kicking out Tyler and said she didn't care about the law.  Tyler then left after giving the woman a brochure on OC.

Tyler has gone to this library to use their computers in the past.

If there is any variance from what I have been told, the video and other first party witness statements will revel them.

There is no sign regarding firearms on the door.

In regards to school property.  This is an issue that is being looked into.  I do know that the library district has several branches and I doubt all are school property.  Also to be in violation of the gun free zone a person has to know the place is a school/property.  Since this was not know by Tyler or for that matter by anyone in MOC, Inc I don't think a charge would be appropriate.

[TheQ]

Also to be in violation of the gun free zone a person has to know the place is a school/property.  Since this was not know by Tyler or for that matter by anyone in MOC, Inc I don't think a charge would be appropriate.

Mistake of law is not an excuse to the law.  Mistake of fact is.

[CV67PAT]

Also to be in violation of the gun free zone a person has to know the place is a school/property.  Since this was not know by Tyler or for that matter by anyone in MOC, Inc I don't think a charge would be appropriate.

Mistake of law is not an excuse to the law.  Mistake of fact is.

But V says it is. Who you gonna believe? The godfather or kinki winki?

[TheQ]

But V says it is. Who you gonna believe? The godfather or kinki winki?

Ownership and title of the Library would count as a mistake of fact.  Have you read the post I referred you to yet in the other thread?

[CV67PAT]

But V says it is. Who you gonna believe? The godfather or kinki winki?

Ownership and title of the Library would count as a mistake of fact.  Have you read the post I referred you to yet in the other thread?

how is it a mistake of fact? who made the mistake?

[venator]

but venalator said it is for lil freak

I said "I think" which means it's my opinion, nothing more.  Only an idiot would construe that to be a fact of law.

[wardog6t]

but venalator said it is for lil freak

I said "I think" which means it's my opinion, nothing more.  Only an idiot would construe that to be a fact of law.

LoL lets hope Bubba in county doesnt make a mistake...I might suggest the Freak find a recruiter fast...Hmmmmm

[CV67PAT]

but venalator said it is for lil freak

I said "I think" which means it's my opinion, nothing more.  Only an idiot would construe that to be a fact of law.

There seems to be a lot of idiots, as you call them, that construe what you "think" as fact.

[wardog6t]

Theres a jail house lawyer in every crowd. Problem is, in most cases these lawyers havent been to jail...

[venator]

Theres a jail house lawyer in every crowd. Problem is, in most cases these lawyers havent been to jail...

In most case they haven't been to jail

[CV67PAT]

Theres a jail house lawyer in every crowd. Problem is, in most cases these lawyers havent been to jail...

In most case they haven't been to jail

YET